First Court of Appeal case to consider Welsh language legislation


The Court of Appeal handed down judgment on 21 December 2020 in R(Driver) v Rhondda Cynon Taf CBC [2020] EWCA Civ 1759. This was a judicial review challenge to a major £38m school reorganisation in the Council’s area, and is the first case in which the Court of Appeal has considered the proper approach to the interpretation of dual language English/Welsh legislation (in this case, the School Organisation (Wales) Act 2013), in circumstances where it is contended that there is a material difference between the language of the two texts. The Court of Appeal (Vos, Lewis and Davies LJJ) allowed the Council’s appeal against the High Court’s judgment, and declared that its decision to proceed with the school reorganisation was lawful.

Julian Milford QC and Katherine Eddy of 11KBW acted successfully for the Council.